Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in that Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772, Volume 5W. Clarke, 1812 |
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Page 2586
... cited the case of Estwick , assignee of the Sheriff of Middlesex , v . Cooke , in 2 Ld . Raym . 1557 , and Fitz . Gib . 66. S. C. which he said was precisely in point . That was ( as this is , ) an action of debt upon a bail- bond ; the ...
... cited the case of Estwick , assignee of the Sheriff of Middlesex , v . Cooke , in 2 Ld . Raym . 1557 , and Fitz . Gib . 66. S. C. which he said was precisely in point . That was ( as this is , ) an action of debt upon a bail- bond ; the ...
Page 2587
... cited by Mr. MANSFIELD . He then proceeded as follows- We were inclined to over - rule that case , if the present case had been more like it , than it is . But the present case does not say when the writ bears date : it does not mention ...
... cited by Mr. MANSFIELD . He then proceeded as follows- We were inclined to over - rule that case , if the present case had been more like it , than it is . But the present case does not say when the writ bears date : it does not mention ...
Page 2588
... cited was upon a demurrer to the declaration . Lord MANSFIELD - It is making the practice of the Court chicane , and an elusion of justice , instead of being a method of coming at right . I wish gentlemen would tell their clients , that ...
... cited was upon a demurrer to the declaration . Lord MANSFIELD - It is making the practice of the Court chicane , and an elusion of justice , instead of being a method of coming at right . I wish gentlemen would tell their clients , that ...
Page 2591
... cited by Mr. Wallace ; where it was debated " whether a contract for ten " shares of stock of the governor and company of cop- 66 * e . ante , pa . per mines was within the statute of 29 C. 2. " ( But N. B. the whole that the reporter ...
... cited by Mr. Wallace ; where it was debated " whether a contract for ten " shares of stock of the governor and company of cop- 66 * e . ante , pa . per mines was within the statute of 29 C. 2. " ( But N. B. the whole that the reporter ...
Page 2596
... cited a case wherein it was adjudged , " that if a private person build a bridge which afterwards " becomes a public convenience , the county is bound to " repair it . " ) 9 G. 2. c . 29. for building Westminster Bridge ( a ) , by the ...
... cited a case wherein it was adjudged , " that if a private person build a bridge which afterwards " becomes a public convenience , the county is bound to " repair it . " ) 9 G. 2. c . 29. for building Westminster Bridge ( a ) , by the ...
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Common terms and phrases
2dly 3dly 4thly act of parliament action admitted affidavit aforesaid afterwards alledged appears Archdale assigns assumpsit attorney bail bankrupt Bigby bill brought bye-law certiorari charged college or commonalty common copyhold corporation costs court Court-Leet custody debt declaration deed defendant delivered devised discharged Durn ejectment election Eliz ex dimiss executor faculty of physic granted habeas corpus heirs male holden ibid indictment infra Inhabitants insured intention intitled issue John John Fothergill John Palmer John Taylor judge judgment jury justice of peace king King's land latitat lease liable London Lord MANSFIELD mandamus mayor ment notice offence opinion paid Palmer parish person plaintiff plea pleaded possession premisses quashed quo warranto Rudsdell rule scire facias Serjeant sheriff shew cause ship statute sufficient supra surrender tenant term testator testator's thereof Thomas tion trial trover verdict Wanlip widow wife William words
Popular passages
Page 2677 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand, sue for...
Page 2803 - The counsel for the defendant moved for a rule to shew cause, why there should not be a new trial, and...
Page 9 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 2705 - Rhodes, for and during the term of her natural life, and from and after her decease, to the...
Page ix - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Page 2744 - ... that no person within the city of London, nor within seven miles of the same, take upon him to exercise or occupy as a physician or surgeon, except he be first examined, approved, and admitted by the bishop of London, or by the dean of St. Paul's for the time being, calling to him or them, four doctors of physic, and for surgery, other expert persons in that faculty...
Page 2681 - not guilty :" and the plaintiffs obtained a verdict. The defendant's counsel (Mr. Serjeant Davy, Mr. Serjeant Burland, and Mr. Hotchkins,) moved for a new trial; objecting that the action ought to have been brought in the name of the...
Page xix - ... of the same December, came into the hands and possession of the plaintiff, for a full and valuable consideration, and in the usual course and way of his business, and without any notice or knowledge of this bank-note being taken out of the mail.